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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A neighbour's washing machine overflowed causing damage to

Resolved Question:

A neighbour's washing machine overflowed causing damage to my ceiling's suspended tiles. She admits causing the damage but refuses to pay for repairs, claiming she is not responsible as she was not negligent.
Is this correct?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know the cost of repairs please?

Customer:

£63.60

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Customer:

Can I just clarify that negligence is not the issue?

Alex Watts :

It wont be. The washing machine overflowed, it came from the neighbours property and therefore they are liable.

Alex Watts :

Does that help?

Customer:

Yes, thanks very much, that's all I needed to know.

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